Courts are failing offenders with learning difficulties, says youth justice report

The Prison Reform Trust and the Association of Youth Offending Team Manager's report, called Seen and Heard: Supporting Vulnerable Children in the Youth Justice System, says that the youth justice system is too quick to send those with learning disabilities to prison.

A quarter of young offenders have an IQ of less than 70 and a similar proportion have special educational needs.

Based on a survey of youth offending team (YOT) staff, the report says courts are failing to recognise the needs of those with learning disabilities or prevent discrimination.

Decisions on whether to imprison young offenders are based more on how they behave or look in court rather, the report found.

The report warns that many young offenders may not be receiving a fair trial in accordance with the European Convention on Human Rights, as their learning difficulties make it hard for them to understand the legal process.

Only a half of YOT staff said they were trained to identify children with learning difficulties. Most did not use any assessment tools or procedures to identify whether a young person has a learning disability.

Only a fifth of staff said their YOT had a mental health worker and just one in 10 said their team kept statistics on the number of children with disabilities serving court orders.

Juliet Lyon, director of the Prison Reform Trust, said: "Too many young people are in prison because their needs are not being recognised or met. There is nothing fair about a system where things are not explained or understood and where youngsters are not properly represented or protected."